The Legal Status of the Gaza Strip in Light of the 2024 Advisory Opinion of the International Court of Justice and Its Impact on the Legitimacy of Israeli Military Operations

Abstract

This study examines the legal status of the Gaza Strip in light of recent developments in international law, with particular emphasis on the Advisory Opinion issued by the International Court of Justice on 19 July 2024 concerning the legal consequences arising from Israel’s policies and practices in the Occupied Palestinian Territory, including East Jerusalem. The research aims to assess the impact of this Advisory Opinion on the legal characterization of the Gaza Strip and its implications for evaluating the legality of Israeli military operations under public international law and international humanitarian law. The significance of the study lies in addressing a contemporary legal issue related to whether the Gaza Strip continues to be subject to the law of belligerent occupation despite Israel’s unilateral disengagement in 2005, and the legal obligations arising therefrom toward the civilian population and occupied territory. The study adopts an analytical approach to examine international legal instruments and judicial decisions, a descriptive approach to present the relevant legal facts, and a case-study approach to apply legal rules to the Palestinian situation. The study concludes that the 2024 Advisory Opinion of the International Court of Justice reinforces the legal position that the Occupied Palestinian Territory, including the Gaza Strip, remains subject to the law of occupation. It further confirms the illegality of the situation resulting from the continued occupation and settlement policies. The study also finds that the legality of Israeli military operations must be assessed in accordance with the principles of distinction, proportionality, military necessity, and civilian protection under international humanitarian law.